Spain’s competition watchdog CNMC is investigating possible anti-competitive practices in Spain by both Apple Inc and Amazon.com Inc regarding online sales of electronic products.
CNMC’s Press release states that “The CNMC initiates disciplinary proceedings against Apple and Amazon for possible restrictive competition practices.
- Both groups could have agreed to trade restrictions on the Amazon website in Spain.
- They would affect the retail sale of Apple products by third parties and the advertising of competing Apple products.
- The behaviors could reduce competition in the Internet retail market for electronic products.
- In addition, they could strengthen Amazon’s position in the sector of providing marketing services to third-party retailers through online platforms (Marketplace) in Spain.
The CNMC has had access to certain information from which it can be concluded the existence of rational indications of the committing, by Amazon and Apple, of a breach of articles 1 of 2 of Law 15/2007 on the Defense of Competition (LDC) and 101 of the Treaty (Spanish PDF) on the Functioning of the European Union (TFEU).
Specifically, the possible unlawful conduct would consist of an agreement between both groups that would include possible restrictions on the Amazon website in Spain ( https://www.amazon.es/ ) regarding:
(i) The retail sale of APPLE products by third parties;
(ii) Certain advertising of competing Apple products and certain campaigns
directed at Apple customers by Amazon;
(iii) Other commercial restrictions.
The investigated behaviors could be restricting competition in the sectors of the Internet sale of electronic products, and the provision of marketing services to third-party retailers through online platforms (Marketplace) in Spain.
The initiation of this file does not prejudge the final result of the investigation. A maximum period of 18 months is now open for the investigation of the file and for its resolution by the CNMC.
